The counsellor's certificate required by s 61(3) of the Adoption Act 2000 (NSW) must appear on the instrument of consent before it is signed by the child; a separate document containing the certification does not satisfy the statutory requirement, rendering the consent ineffective under s 58(1)(b). Where a putative birth father is identified in evidence before the court, the adoption order should not be made without notification to him or formal dispensation with his consent under s 54(3). However, where such irregularities are technical and the outcome would be the same, leave to appeal may be refused where the child's best interests — the paramount consideration — would be prejudiced by the grant of leave.
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